Realidades jurídicas em que vivemos: novo realismo jurídico e a necessidade de uma epistemologia jurídica
Current endeavours to develop a ‘realistic’ concept of international law should take into account that there is not only one reality. It does not suf?ce to admit that reality can be perceived from different angles. Rather, a realistic account of modern society has to acknowledge that we can no longe...
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Main Author: | |
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Format: | Article |
Language: | Portuguese |
Published: |
2021
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8112937 |
Source: | Revista de Direito, ISSN 2527-0389, Vol. 13, Nº. 1, 202126 pags. |
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Summary: |
Current endeavours to develop a ‘realistic’ concept of international law should take into account that there is not only one reality. It does not suf?ce to admit that reality can be perceived from different angles. Rather, a realistic account of modern society has to acknowledge that we can no longer speak of the ‘world’ or ‘reality’ as a singular entity. Perspectives matter; they construct their own, distinct objects of cognition. A ‘New Legal Realism’ is deliberately new, legal, and realistic only insofar as it is conceived as an understanding of how (international) law creates its own realities. |
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